Conflict of Interest Questionnaire

About

During the 2005 Texas Legislative Session, House Bill 914 passed and became effective on January 1, 2006 (Chapter 176 of the Local Government Code). The bill requires individuals or businesses who contract business with the City to file a Conflict of Interest Questionnaire (CIQ). A copy of the law is available from www.capitol.state.tx.us.

Who Must File a CIQ?

Any person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity; or

An agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (includes submitting a bid).

The conflict of interest questionnaire (FORM CIQ) for businesses was created by the Texas Ethics Commission (TEC). A separate form is available for City Officers.

Does This Include a Person who Buys City Property?The bill appears to apply to all persons or businesses who conduct business with a city, including those who submit bids on city contracts, make purchases of surplus city property, or participate in any other purchase or sales transactions with a city.

To What Type of Contracts Does This Apply? Any written contract and any implied contract, such as purchase orders, utility purchases, and more. As written, the bill appears to apply to any purchase made by a city.

When Must the Form be Completed?
A person who wishes to conduct business with a city must file a questionnaire no later than seven days after the date the person begins contract discussions or negotiations with the city, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with a city.

With Whom Should the Statement be Filed? The statement should be filed with the City Clerk.

What Happens to the CIQ Once I Turn It In?
The City is required to maintain a list of businesses and city officers who are subject to the bill and make the list available to the public. Once completed, these forms become Public Information and the City is required to provide access to the statements and questionnaires on the city’s Internet Web site. For a list of completed CIQ's visit our site.

What Happens if the Form is Not Filed?
An officer who knowingly fails to file the statement commits a class C misdemeanor. A class C misdemeanor is punishable by a fine of up to $500.

For additional information contact Dianna Barker, City Clerk, at 512-352-3676.